Drug Charges Lawyer in Moreno Valley, CA. There's no such thing as a "good" drug charge to be accused of in Moreno Valley, CA. You could be accused of possessing them, selling them, or making them. These statutes regulate substances from cannabis to opioids. The fallout from a drug crime conviction can turn your world upside down.
You need representation that will fight for your freedom. You need Moreno Valley, CA's leading criminal defense attorney in your corner. You need the Law Offices of David S. Chesley.
Our local Moreno Valley drug charges lawyers are avaialble 24/7 to help you. We will explore possible defenses, identify weaknesses in the prosecution's case, and represent you all the way through trial. To start fighting the charges, call our legal team at (800) 755-5174 or set up a free, confidential consultation right away.
Moreno Valley, CA, Drug Charges Lawyer: Page Summary
Below, you can read about how a Moreno Valley, CA, drug defense attorney will protect your rights, different types of charges you might face, the qualities your attorney should have, gameplans our attorneys use against drug accusations, and diversionary programs we can help you explore.
If you want to read about a particular topic, click on the appropriate link in the following menu to skip ahead and learn more:
- Why You Need a Drug Charges Lawyer in Moreno Valley, CA, NOW
- Moreno Valley, CA, Drug Types and Possible Penalties
- Different Types of Drug Crime Allegations in Moreno Valley, CA
- DUIs and Drug Charges Defense in Moreno Valley, CA
- What to Look For in a Drug Charges Lawyer
- Possible Defenses That We Use in Drug Cases
- Avenues to Divert Your Drug Charges
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Allegation FAQs
- Need a Drug Charges Lawyer in Moreno Valley, CA? Call the Law Offices of David S. Chesley Today
- All the Drug Charges Our Team Will Defend Against
Don't Waste Time: Contact a Moreno Valley, CA, Drug Charges Lawyer RIGHT AWAY
Drug charges in Moreno Valley, CA, always need to be taken seriously. The same action can be interpreted by the state in multiple ways, meaning you can always face an extended stay in jail.
The first reason you should contact a drug charges lawyer immediately is to help you understand the charges. A simple possession case looks very different from a drug trafficking case, and your defense attorney needs to know how to fight each.
The second reason to contact a local Moreno Valley, CA, drug charges lawyer early in the defense process is to protect yourself from mistakes. When you say the wrong thing to a state representative, the charges could be elevated and the state's case strengthened. Your attorney can advise what to share and what not to share with the state.
Additionally, your drug charges attorney will leverage local court relationships to explore different defense avenues. Acting fast prevents the state from getting a lead on you, and in many cases, we can file a motion to dismiss charges if the evidence is in your favor.
Common Drug Types in Moreno Valley, CA, Legal Cases:
When deciding on a Moreno Valley, CA, drug charges lawyer, you should go with an attorney who knows how the prosecution treats different drug types. In the following section, we've outlined what types of drugs we most frequently defend charges for in Moreno Valley, CA.
| Drug Type | Description |
|---|---|
| Prescription Drugs | Charges often revolve around having a technically legal drug without permission, or selling it to someone you aren't supposed to. |
| Ecstacy | A man-made psychoactive drug. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive drug derived from a South American plant Long term use can dampen the brain's reward pathway. |
| Methamphetamine | A man-made drug that temporarily boosts energy, while harming the body. |
| Opioids | Class of drugs originally intended for use as pain relievers. These include morphine, oxycodone, and heroin. |
| Heroin | A very addictive substance, and one of the most dangerous opioids. The state tends to impose harsh penalties in heroin cases. |
| Fentanyl | An extremely dangerous type of opioid — roughly 50 times more potent than heroin and 100 times more potent than morphine, according to the DEA. |
Penalties vary significantly by substance, how much there was, your criminal record, and the act you're being accused of. For some typical accusations:
- As long as you are only accused of simple possession, you can typically expect misdemeanor charges. These carry a maximum jail sentence of one year. However, keep in mind misdemeanor charges aren't a guarantee, and prosecutors treat some substances more harshly than others.
- Possession for sale, sale, transport, or manufacturing are typically charged as felonies, with sentencing ranges that depend heavily on the specific drug and amount involved.
- Fentanyl cases are particularly harsh: Proposition 36 (2024) added fentanyl alongside cocaine, heroin, and methamphetamine to a list of drugs that trigger felony enhancement when possessed together with a loaded firearm, and it increased sentencing exposure tied to quantity for several substances.
- Federal charges carry their own, generally harsher, sentencing structure.
Because the numbers shift based on the specific facts of a case, the exact exposure you're facing should be evaluated by an attorney who can review your charge sheet and criminal history — call our office for a free case evaluation and we'll help you find a strategy to minimize negative consequences.
Marijuana in Moreno Valley, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. Smoking marijuana used to be illegal in California, but in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Since California no longer criminalizes using it, marijuana (AKA cannabis) allegations in Moreno Valley, CA, most often center around when and where it is used. For example, it's legal to grow up to six marijuana plants for recreational use, but growing a seventh is a crime.
Marijuana Legal Overview:
- Adults over the age of 21 can carry 28.5 grams of marijuana on their person
- Typically, it is legal to grow up to six marijuana plants for personal use
- Federal law still makes marijuana usage illegal.
How Your Moreno Valley, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, your lawyer are ready for your case. For example, we can demonstrate that you had the legal right to possess marijuana, show that you did not violate any regulations, and/or show off the proper regulatory procedures which you adhered to.
Different Types of Drug Charges in Moreno Valley, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Moreno Valley, CA, area. We are prepared to fight against accusations including possession, sale, and special enhancements. Read the sections below to learn more about the different categories of charges and how our criminal defense attorneys can help.
Drug Possession/Use Charges
Drug possession charges are some of the most basic in Moreno Valley, CA. They cover a wide range of substances and these charges can apply regardless of where the drugs were physically at, as long as you controlled them.
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Under the Influence of a Controlled Substance
- Hard Drug Possession
Your Moreno Valley, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, and can protect your freedom through diversionary programs, if applicable.
Relevant statutes: Simple possession of most hard drugs falls under Health and Safety Code 11350, while possession of methamphetamine specifically falls under HS 11377. Both are typically charged as misdemeanors, punishable by up to one year in county jail, for defendants without disqualifying prior convictions.
Drug Production/Transport/Distribution Charges
Accusations of drug production, transportation, and distribution take on the other side of a drug deal: The alleged seller.
- Manufacturing or Producing Controlled Substances
- Cultivation of Marijuana
- Maintaining a Place for Drug Sales/Use
- Drug Trafficking
- Transportation of a Controlled Substance
- Sale of Controlled Substance
- Drug Possession for Sale
A conviction of one of these charges typically means a much longer prison sentence than for simple possession. A drug crimes defense lawyer can help you negotiate a plea to a less serious offense.
Relevant statutes: HS 11351 covers standard drug dealing charges, formally known as "possession for sale." The exception is methamphetamine, which is covered by HS 11378. For these felony charges, each is punishable by two, three, or four years in state prison and fines up to $20,000. Sale or transportation for sale is charged under HS 11352 (most substances) or HS 11379 (methamphetamine). These charges carry longer exposure — up to nine years if the transportation crosses non-contiguous counties. A drug charges laywer who can negotiate your charges down is essential, if you want to become eligible for common diversion programs like PC 1000 or Proposition 36.
Drug Charge Enhancements
California's drug charge enhancement laws can be very different from each other, but all have one thing in common: They don't exist on their own. In order to be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Moreno Valley, CA, drug crimes lawyer to defend you in these cases, so that they can fight both the base charge and the enhancement.
Federal Drug Charges
A federal drug charge can come from any category of alleged drug offense. What sets these apart is that the U.S. government is prosecuting you, not just the Moreno Valley district attorney.
These can include anything from trafficking to running a drug ring, but normally it will involve large quantities and/or crossing state lines. Sentences are often more severe, up to and including life imprisonment and substantial fines.
If you're accused of a drug crime in federal court, you're up against a lot. And you need a a leading criminal defense lawyer who has the strength to match the federal prosecutor. Our office will protect your rights, research applicable laws, dissect the case against you, and do whatever we can to secure a favorable result for your case.
The Intersection Between Drug Charges and DUIs in Moreno Valley, CA
DUIs and drug charges don't always go together in Moreno Valley, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases cover a wide range of situations, including everything from driving while high on marijuana to prescription drug usage. Legal regulations often make these charges more serious than typical DUIs. For example, you can be arrested if there is any amount of THC in your system while driving (as opposed to alcoholwhich has a legal limit).
When facing this type of charge, you don't just need a drug charges lawyer. You also need an expert Moreno Valley, CA, DUI defense lawyer who fight on your behalf both in criminal court and at the DMV hearing. Don't wait to get help — for most DUI cases, if you wait longer than ten days to request a hearing, you lose your chance.
How to Find the Right Drug Crimes Defense Attorney
When you are considering your options for a drug charges lawyer in Moreno Valley, CA, it can feel impossible trying to decide the right person to represent you. Your life may depend on it, after all.
These are the main qualities you want to find in your drug crimes defense attorney:
- Prior Experience fighting against these charges
- Intimate Knowledge of how the state builds its case against you
- Existing Relationships with prosecutors and judges in your jurisdiction
- A Reputation of Delivering Victories versus the prosecution in drug cases
- Availability Anytime in case an emergency occurs and you need help
At the Law Offices of David S. Chesley, we can deliver on all of these needs. We have over 50 years of combined courtroom experience, including former prosecutors. We know judges and attorneys throughout California. And we have a history of delivering positive outcomes for Californians.
We will always be honest with you about the state of your case, and you can talk to us 24/7 if you need anything from our offices.
Possible Defense Tactics Against Drug Charges
Your charges might be the same as someone else's, but your case is unique. No two cases in Moreno Valley, CA, are identical, and you should have a unique defense plan to match.
We'll listen to your story and craft a powerful defense to fit. Here are some staunch strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: If the police searched you, your vehicle, or your dwelling without either probable cause or a warrant, that evidence can be thrown out.
- Lack of Intent: If you did hold or transport illegal drugs, but weren't aware of it, you shouldn't be found guilty because you didn't mean to break the law.
- Not Your Drugs: If the substance in question was, in fact, illegal, but belonged to another person, you shouldn't face possession charges.
- Entrapment: In some cases, if an undercover police officer coerced you into buying or using illicit drugs, you may be exempt from a conviction.
- Prescription: This isn't an option for every offense and type of drug, but some accusations can be alleviated if you were legally prescribed the substance.
- Plea Negotiations: Not every case can result in a "not guilty" verdict, but there are occasions where a plea deal can lessen the impact of a conviction.
If you need a drug crimes defense attorney in Moreno Valley, CA, contact our firm for immediate help.
Moreno Valley, CA, Drug Charge Diversion Options:
Moreno Valley has diversion and treatment options available — be sure to ask your Moreno Valley, CA, drug charges lawyer about whether or not they apply to your case. To qualify, defendants must fit certain criteria. These are some of the :
PC 1000 Drug Diversion
California PC 1000 Deferred Entry of Judgment is often a very helpful, positive outcome for individuals accused of simple possession. The program typically includes drug education classes, sobriety requirements, and regular drug testing. The main reason people like to take advantage of PC 1000 is it prevents a conviction from going on your record. This prevents you from going through many of a conviction's collateral consequences.
Proposition 36 (2024)
Proposition 36, as opposed to PC 1000, targets alleged offenders with an existing criminal record. It took its current form in 2024, and it works differently than a traditional diversion program.
Under the 2024 law, To qualify, an individual must have at least two prior drug convictions on their record. If so, the new charge can be handled as a "treatment-mandated felony," rather than a misdemeanor as originally charged.
While this doesn't automatically keep people out of jail, it creates a choice: complete court-mandated treatment, and the underlying drug charge case is dropped (the arrest record will remain, but is sealed); if you don't take this option, you'll have to fight the felony charge, and risking up to three years behind bars. 2024's Proposition 36 also increased potential penalties for large quantities of certain substances and updated the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your Moreno Valley, CA, drug charges lawyer can help you understand whether you qualify for treatment-mandated felony treatment, advocate for that path where it's available, and fight to keep a conviction off your record.
Drug Convictions' Impact on Immigration Status
If you are a lawful permanent resident or are in Moreno Valley, CA, on a work visa, a drug conviction can be far more damaging than the criminal penalty alone — fortunately, the Law Offices of David S. Chesley is experienced in both criminal defense and immigration law.
Most drug charge convictions are grounds for deportation, but there is one specific exception: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. This applies to lawful permanent residents ("green card" holders) as well as visa holders, and it applies even if you weren't given jail time on your conviction.
A few key distinctions matter a great deal:
- Simple possession for personal use (other than certain rare substances) is generally a deportable offense, but is not automatically classified as an "aggravated felony" — a distinction that can preserve certain forms of immigration relief.
- Possession for sale, sale, or trafficking convictions are not treated as lightly. They are typically classified as aggravated felonies, which can trigger mandatory deportation and create barriers to appeals efforts.
- How a charge is pleaded matters enormously. Under Padilla v. Kentucky, defense counsel is required to tell you about these immigration consequences before you make a plea. An attorney who understands both sides can negotiate a resolution — such as a plea to a non-drug offense, or a disposition that doesn't include specific "aggravated felony" language — that defends your legal status in the country, as well as your criminal record.
Because the conviction, regardless of the sentence, has such a big immigration impact, you need to get expert help as soon as you're aware of an investigation. If you are a non-citizen up against a drug case, tell your attorney immediately — this plays a major role in your case, and your lawyer should help you on both fronts.
Frequently Asked Questions
If I'm not found guilty, do drug charges appear on a background check?
Even if you're not convicted of the underlying charge, a background check can still show the arrest. Diversion programs such as PC 1000 or Proposition 36 can help. If you participate in one of these, you may be able to have the arrest sealed or the record cleared — an attorney can help you explore these options.
Do I need to answer police questions if I have illegal drugs on me?
No. The Fifth Amendment gives you the right to remain silent during questioning. Be respectful to the police, but do not provide any information besides your identity, and ask for an attorney right away — making a mistake early on can cause major consequences down the line.
Can I expunge a previous drug conviction in Moreno Valley, CA?
If you were given probation, you may be eligible for expungement under Penal Code 1203.4, though eligibility depends on the specific charge and your record. An expungement does not erase a conviction for federal immigration purposes, which is why non-citizens need immigration-aware counsel handling both the criminal case and any later cleanup.
What's the difference between PC 1000 and Proposition 36 diversion?
First-time, simple possession offenses can take advantage of PC 1000. This requires participation in an education program and regular drug testing, but can result in the dismissal of all charges. If you have previous drug-charge convictions on your record, you're more likely to be eligible for Proposition 36 (2024): This would be a felony charge, but offers a court-supervised treatment program to have the case dismissed. Your eligibility is ultimately determined by the underlying charge and your existing record.
If I don't have a record, will my drug possession charge be a felony in Moreno Valley, CA?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. This isn't true for every drug charge in Moreno Valley, though: More serious allegations like trafficking are normally treated as a felony regardless of whether this is your first time being charged or not.
Don't Gamble With Your Freedom: Talk to Our Moreno Valley, CA, Drug Charges Lawyers Today
This isn't a time to settle for "good enough." Your future matters, and it depends on partnering with the right lawyer. We are ready to take your case.
The Moreno Valley, CA, drug charges lawyers at the Law Offices of David S. Chesley are known for delivering positive outcomes for clients. We have former prosecutors on our team who know how the state builds its case. We will always be honest with you and will fight for the best outcome possible.
Our firm can also assist you with the following legal services in Moreno Valley, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Get in touch with your Moreno Valley drug charges defense lawyer today at (800) 755-5174 or reach out online to set up a free case evaluation.
Every Drug Charge Our Lawyers Defend Against:
- Bringing Drugs into a Jail or Prison
- Cocaine
- Cultivation of Marijuana
- Drug Crimes with Firearm Enhancements
- Drug Diversion Programs
- Drug-Free School Zone Violations
- Drug Possession for Sale
- Drug Trafficking
- Ecstasy
- Federal Drug Charges
- Fentanyl
- Fentanyl-Specific Enhancements
- Hard Drug Possession
- Heroin
- Illegal Search and Seizure Defense in Drug Cases
- Maintaining a Place for Drug Sales/Use (HS 11366)
- Manufacturing or Producing Controlled Substances
- Marijuana
- Marijuana Charges
- Methamphetamine
- Opioids
- PC 1000 Drug Diversion
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Prescription Drugs
- Proposition 36
- Sale of Controlled Substance
- Transportation of a Controlled Substance
- Under the Influence of a Controlled Substance (HS 11350)
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